This bill aims to prohibit the sale, distribution, and import of products or packaging that make deceptive claims about recyclability unless the New Jersey Department of Environmental Protection (DEP) determines that these products are widely recyclable. Specifically, it establishes that any product or packaging displaying the "chasing arrows" recycling symbol must be verified as recyclable in the state through a material characterization study conducted by the DEP. The bill outlines exceptions for products manufactured within 18 months of the DEP's initial or updated study, as well as certain other conditions. Violations of this law would be considered unlawful practices under the Consumer Fraud Act, subjecting offenders to monetary penalties and potential legal actions.

Additionally, the bill mandates the DEP to conduct a material characterization study by January 1, 2024, with updates every five years thereafter. This study will identify recyclable products and packaging, ensuring they meet specific criteria, such as being collected by curbside recycling programs serving at least 60% of the state's population. The bill also specifies that products containing hazardous substances or certain chemicals will not be deemed recyclable. Furthermore, it allows the DEP to require recycling centers to submit annual reports on their operations to aid in the characterization study and amends existing laws regarding the labeling of plastic containers to align with the new provisions.

Statutes affected:
Introduced: 13:1E-99.41